Whether or not to accept the Smithson bequest was a matter
of controversy among the ranks of those governing the new
nation. States' rights advocates, nationalists, federalists,
anglophobes, xenophobes, and others disagreed over the
possible repercussions of accepting such a gift.

President Andrew Jackson asserted his belief that the people
of the United States would ultimately put such opportunities
to good use. Unsure whether the Constitution gave him the
authority to accept the Smithson bequest, he asked Congress
to pass legislation allowing him to do so.

Congress authorized acceptance of the Smithson bequest on
July 1, 1836. President Jackson took immediate steps
to secure the bequest by sending diplomat Richard Rush to
England.